South African Woman Convicted of Kidnapping Daughter Joshlin Smith

In a verdict delivered Friday at the Western Cape High Court, Kelly Smith, along with her boyfriend Jacquen Apollis, and associate Steveno Van Rhyn, were found guilty of kidnapping and trafficking six-year-old Joshlin Smith, who remains missing since her disappearance on February 19, 2024. 

The case, which has galvanised national attention and prompted extensive search efforts, underscores South Africa's continuing challenges in combating child exploitation. Joshlin Smith vanished from outside her home in Middelpos, a small settlement within Saldanha Bay, igniting an immediate nationwide search. Law enforcement officials appealed to citizens across the country, fearing the young girl might have been transported beyond South Africa's borders. The investigation, however, revealed a network of deceit and exploitation, leading to the conviction of Smith and her accomplices.

The trial, held at the Saldanha Multipurpose Centre to ensure community access, spanned several weeks and featured testimonies that painted a disturbing picture of the events leading to Joshlin's disappearance. Prosecutors argued that Smith deliberately orchestrated her daughter's abduction, accusing her of "selling, delivering, or exchanging" the child. The state presented Smith not as a passive bystander but as an active participant in a calculated scheme.

A key witness for the prosecution was Lourentia Lombaard, a friend and neighbour of Smith. Lombaard testified that Smith admitted to having done "something silly"—selling Joshlin to a sangoma, a traditional healer. Lombaard further stated that the individuals involved specifically sought Joshlin's "eyes and skin," suggesting a sinister motive behind the transaction. Another witness, a local pastor, testified that Smith had previously discussed selling her children for financial gain, citing a price of 20,000 rand ($1,100) per child, although she had reportedly expressed willingness to accept lower offers. 

This testimony bolstered the prosecution's assertion that Joshlin's disappearance was premeditated. Adding to the unsettling narrative, Joshlin's teacher recounted a conversation with Smith during the search efforts, in which Smith stated her daughter was "already on a ship, inside a container, and on the way to West Africa." These statements, combined with other witness testimonies, highlighted Smith's apparent lack of concern for her daughter's well-being and implied her active involvement in the trafficking scheme.
 
"The conduct of Ms. Smith is not that of a concerned parent. And why not? In my mind, the only inference is that you knew what happened," Judge Nathan Erasmus said while delivering the verdict. Smith, whose full name is Racquel Chantel Smith, visibly reacted to the verdict, wiping away tears. However, Van Rhyn's reaction was markedly different, as he broke into a smile upon hearing his conviction. The courtroom erupted in applause, with many attendees overcome by emotion.

Despite the guilty verdict, the question of Joshlin's whereabouts remains unanswered. The judge did not specify who ultimately took the child or the precise motives behind the abduction, leaving a void in the community's understanding of the tragedy. The community of Middelpos, initially supportive of Smith after Joshlin's disappearance, now grapples with feelings of betrayal and profound sadness. The revelation that a mother could allegedly sell her own child has sparked widespread discussions about child vulnerability, the impact of drug abuse, and the role of poverty in driving desperation.

Parents in the area have expressed deep concern for the safety of their own children, particularly given the potential for exploitation in impoverished communities. While sangomas are legally recognised in South Africa under the Traditional Health Practitioners Act of 2007 and play a significant role in traditional healing practices, there have been reports of unscrupulous individuals exploiting these roles, engaging in illegal and exploitative rituals involving human body parts.

Legal experts anticipate severe penalties as South African courts have historically imposed stringent sentences for human trafficking and child exploitation cases. The search for Joshlin continues, with authorities and members of the public still holding onto the hope that she will be found.